Provisions of an environmental restoration order
Provisions of an environmental restoration order issued under EMCA Cap 387
(a) requires the person on whom it is served to restore the environment as near as it may be to the state in which it was before the taking of the action which is the subject of the order;
(b) prevents the person on whom it is served from taking any action which would or is reasonably likely to cause harm to the environment;
(c) awards compensation to be paid by the person on whom it is served to other persons whose environment or livelihood has been harmed by the action which is the subject of the order;
(d) Levies a charge on the person on whom it is served which in the opinion of NEMA represents a reasonable estimate of the costs of any action taken by an authorized person or organization to restore the environment to the state in which it was before the taking of the action which is the subject of the order;
(e) An environmental restoration order may contain such terms and conditions and impose such obligations on the persons on whom it is served as will, in the opinion of NEMA enable the order to achieve all or any of its intended purposes;
(f) NEMA may issue and serve an environmental restoration order on any person in respect of any matter relating to the management of the environment
EMCA Section 108.1, 108.2
Question
(a) requires the person on whom it is served to restore the environment as near as it may be to the state in which it was before the taking of the action which is the subject of the order;
(b) prevents the person on whom it is served from taking any action which would or is reasonably likely to cause harm to the environment;
(c) awards compensation to be paid by the person on whom it is served to other persons whose environment or livelihood has been harmed by the action which is the subject of the order;
(d) Levies a charge on the person on whom it is served which in the opinion of NEMA represents a reasonable estimate of the costs of any action taken by an authorized person or organization to restore the environment to the state in which it was before the taking of the action which is the subject of the order;
(e) An environmental restoration order may contain such terms and conditions and impose such obligations on the persons on whom it is served as will, in the opinion of NEMA enable the order to achieve all or any of its intended purposes;
(f) NEMA may issue and serve an environmental restoration order on any person in respect of any matter relating to the management of the environment
EMCA Section 108.1, 108.2
Question
Why are restoration orders important in environmental management?